Asbestosis decisions — 2017

The Veteran's appeal is being remanded for additional development, including obtaining updated treatment records and scheduling a VA examination to assess the severity of his COPD. The case will be readjudicated after these actions.

The Board has remanded the case for additional development, including obtaining missing personnel and service treatment records, and addingendum opinions addressing the likelihood that the Veteran's lung and bilateral hearing loss disabilities are related to his military service.

The Board has determined that the Veteran's asbestosis is related to his in-service exposure to asbestos, and grants service connection for this condition.

The Veteran's appeal is being remanded due to the failure to appear for a scheduled Board hearing and because he still desires a hearing on his claims before the Board.

The Veteran's cause of death is found to be related to his service-connected asbestos-related disorder with pleural thickening and scarring, which contributed substantially to his death. The Board grants the claim for service connection for the cause of death.

The Board denied the Veteran's claims for service connection for fibromyalgia, peripheral neuropathy of the bilateral lower extremities (claimed as frostbite), spine disability, chronic myeloid leukemia, skin cancer, leukocytosis, and lung condition. The evidence did not support a finding that these conditions were related to service.

The Board finds that the Veteran's current interstitial lung disease is related to his military service, including asbestos exposure. As a result, the claim for service connection is granted.

The Board found no service connection for the Veteran's pulmonary disorder, asbestosis, or emphysema. The decision is mixed because some conditions were granted while others were denied.

The Veteran is seeking service connection for asbestosis, which he claims was caused by asbestos exposure in the Navy. The case has been remanded due to a lack of worker's compensation records and the need for a new VA examination.

The Veteran's appeal is being remanded for additional development to determine the nature and etiology of his claimed low back condition and asbestos exposure-related respiratory/lung conditions.

The Veteran's claim for a compensable disability rating for asbestosis is being remanded due to unclear information regarding the presence of COPD and conflicting medical opinions.

The Veteran was granted service connection for asbestosis with pleural plaques and restrictive pulmonary disease, which the Board found to be attributable to in-service asbestos exposure. The claimant's initial contention of mesothelioma was ruled out.

The Veteran's appeal is being remanded due to the need for additional medical examination and treatment records.

The Board denied all service connection claims, finding that the Veteran's residuals of a jaw fracture did not meet criteria for a compensable rating and his other conditions were not related to his military service.

The Veteran's claim for asbestos-related lung disease was denied in December 2007, and as the Veteran did not have any pending claims at the time of his death, there were no accrued benefits to be awarded. The appellant does not have standing to pursue a CUE claim for purposes of accrued benefits.

The Board has determined that the Veteran does not have a current diagnosis of obstructive respiratory condition, asthma, or asbestosis related to his active duty service. Therefore, the claims for these conditions are denied.

The Veteran's respiratory, heart failure and dementia conditions are not related to his active service. The Board found that the appellant did not provide sufficient evidence to establish a direct or secondary relationship between these conditions and his military service.

The Veteran's asbestosis is not productive of any functional impairment and his restrictive and obstructive defects are due to nonservice-connected COPD and congestive heart failure. As such, an initial compensable rating for asbestosis is denied.

The Veteran's claim of a higher rating for service-connected pulmonary asbestosis is being remanded due to the need for additional development, including exercise capacity testing and bronchodilator influence assessment.

The Veteran's claim for service connection for a respiratory disorder, including asthma and asbestos-related lung disease, is being remanded due to insufficient evidence to confirm the diagnosis of asbestos-related lung disease. Additional medical examination is required.